Tuesday, December 2

Chandigarh: The Punjab and Haryana High Court has cautioned the State Government that any inaccuracy in its latest affidavit regarding staffing and facilities at the Malerkotla District Hospital could lead to contempt proceedings. The warning came during the hearing of a Public Interest Litigation (PIL) concerning vacancies, infrastructure gaps, and compliance with national healthcare standards in government hospitals.

Bench Notes State’s Claim of Fully Staffed Specialists

A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry recorded an additional affidavit submitted by the State, which asserted that all 15 sanctioned specialist doctor posts at the 130-bed Malerkotla District Hospital had been filled. While dictating the order in open court, the judges clarified that they were proceeding under the presumption that all specialists had indeed joined, as mentioned in the affidavit.

Possible Contempt if Claims Prove Incorrect

Referring to the State’s statements, the bench made it clear that if any discrepancy is later uncovered, the officer who swore the affidavit may face contempt action. The matter has been scheduled for further hearing after four weeks. The warning follows earlier criticism by the court over incomplete disclosures relating to hospital facilities.

Previous Penalty for Incomplete Information

In an earlier hearing, the High Court had imposed a penalty of ₹10,000 on the Punjab Government for delaying proceedings by submitting an incomplete affidavit. At that time, the bench found that the State had failed to provide complete information about the availability of CT and MRI scan services at the Malerkotla facility. The court also sought clarity on the State’s decision to outsource diagnostic services to private players under the public-private partnership (PPP) model.

Petitioner Disputes State’s Staffing Claims

During the latest hearing, petitioner Bhisham Kinger contested the State’s claim that all specialist posts were filled, pointing to records indicating that only one of the three recently appointed specialists had actually joined. He argued that the assertion of “all posts being filled” was misleading without proof of actual joining.

Debate Over IPHS Norms for Diagnostic Facilities

The State’s counsel, Senior Deputy Advocate General Salil Sabhlok, defended the lack of CT and MRI machines by citing the 2021 Indian Public Health Standards (IPHS). According to the norms, these services are “desirable” rather than mandatory for hospitals with 100–200 beds. The bench sought information on the availability of these services nearby, to which the State responded that CT and MRI facilities were located about 40 km away. The petitioner, however, pointed out that only six district hospitals in Punjab currently have MRI machines.

Updates on Staffing and Recruitment Efforts

Regarding overall staffing, the State informed the court that 20 of the 39 medical officer positions at Malerkotla were filled and that 1,000 medical officer appointments were underway statewide. The court pressed the government to clarify whether specialist appointments were made through fresh recruitment or transfers—an issue repeatedly raised in previous hearings. The State sought additional time to obtain instructions.

Court Seeks Detailed Affidavit Before Next Hearing

The bench instructed the Punjab Government to file an additional affidavit detailing whether the 15 specialists were recruited afresh or transferred, the joining status of each specialist, and comprehensive infrastructure and diagnostic equipment data for district hospitals across Punjab, Haryana, and Chandigarh. Emphasizing that multiple adjournments had already been granted, the court stated that it expected full compliance before the next hearing.

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